Articles Posted in Alimony

In Bengisu v. Bengisu, the Fourth District Court of Appeals reversed and remanded a Florida divorce court’s decision awarding the Wife temporary child support and alimony. The Wife filed a petition for dissolution of marriage with two minor children in the Florida divorce Court. Subsequent to filing for dissolution of marriage, the Wife also filed a motion seeking temporary child support and alimony. The Broward County divorce court awarded the Wife temporary support in the amount of $5,500 per month, and the Husband appealed.

At a hearing on the motion for temporary child support and alimony, the court looked at the parties’ financial affidavits as well as heard their direct testimony. The Wife’s financial affidavit listed that she was unemployed, had monthly expenses of $11,898.00 and a net worth of $744,123.00. The Husband’s financial affidavit listed he was a lawyer employed as a solo practitioner, that he had a net monthly income of $2,585.00, total monthly expenses of $4,886.58 and a monthly deficit of $2,720.29. He listed a net worth of $322,230.00.

In her direct testimony, the Wife told the court that the household expenses were $12,600 per month, that her Husband was responsible for all of the bills and that throughout the marriage the couple accrued no debt to pay their monthly expenses. Additionally, the Wife explained that her Husband left his solo practice to work for a law firm for four months leading up to the divorce and, while there, his salary was $85,000. Additionally, the Wife’s accountant testified that based on the financials she needed $5,500.00 per month during the pendency of the divorce and that he believed the Husband’s tax returns did not accurately reflect the Husband’s real income. The Husband testified that the reason the couple did not have any debt was because his parents had helped pay for their household expenses, but were no longer in a position to continue to provide this assistance. At the conclusion of the hearing the trial court awarded the Wife $5,500 per month in temporary support.

Prior to filing for your divorce in Broward County, Florida, your divorce lawyer may want to hire a private investigator to catch your spouse cheating on you. If it is discovered that your spouse has cheated on you, this is a factor that the Fort Lauderdale divorce court may consider in awarding your alimony. However, hiring a private investigator to help your divorce lawyer find out if your spouse is cheating on you at a restaurant or hotel in Hollywood, Weston, Pembroke Pines or Cooper City, Florida with a paramour may become expensive.

GPS, or global position system tracking, is a useful tool that may be used to catch your spouse cheating. GPS systems cost less than $1,000.00 for certain models. During your dissolution of marriage case, a party that owns a car can may be able to conceal a GPS system in a glove compartment or other hiding place legally.

Electronic toll information has now become a thing of the past because of the fact that GPS information is more detailed. Last year, 88 percent of divorce lawyer reported an increase in using electronic information such as GPS and toll-pass date and computer records.

Fort Lauderdale, Florida divorce Judge Arthur Birken ruled that Palm Beach Circuit Judge David French should not have to pay his former wife $3,400.00 a month in permanent alimony because she has been living with another man for nearly 20 years. Judge Birken also ordered the former wife to repay $151,000.00 that she received in alimony since August 2006.

Judge David French was divorced from his former wife in 1988. In 2006, Judge French requested that his alimony obligation be abated after the Florida Legislature enacted Florida Statute 61.14(b) which permits modification or termination of alimony to recipients living in a supportive relationship. The trial court denied this request in August 2006.

The Fourth District Court of Appeal reversed the trial court’s August 2006 ruling and found that the former wife was in a supportive relationship and should not continue to receive alimony from Judge French

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